Louisiana Injury Lawyers Blog
Any time one experiences the death of a loved one due to the negligence of others, it is a painful time. The handling of a death case requires a knowledgeable and skilled attorney who has years of experience with wrongful death and survival action cases. A fox8live.com report followed the story of a southeastern Louisiana man killed in an auto accident. Steven was a 59-year-old bicyclist headed west on LA-58 in Terrebonne Parish.
According to reports, a driver in a Chevrolet Tahoe SUV, who was also traveling westbound on LA-58, approached Steven from behind. She hit Steven’s bicycle with the front of her SUV. The injuries inflicted on Steven in the accident were catastrophic. The local coroner’s office pronounced him dead at the scene, according to the fox8live.com report.
- Read more about accidents involving bicycles.
Additional details of the fatal accident were not included in the fox8live.com report. Depending on other facts, the family of the bicyclist could have a legal case against the driver of the SUV. Louisiana allows a deceased person’s family to bring a wrongful death and survival action lawsuit when that death was caused by the negligence or carelessness of another.
If you lost a loved one and believe that his or her death was a result of someone else’s negligence or carelessness, you need to act promptly. The law generally only gives you one year from the date of the victim’s death to file your lawsuit.
A wrongful death case proceeds similarly to any other personal injury case, except that – in addition to the deceased’s pain and suffering prior to his death, his heirs have a claim of lost companionship, society, love & affection and perhaps economic losses.
In Louisiana, there are several different types of damages you can seek in a wrongful death lawsuit, such as:
Economic Damages
These include the value of the financial contributions the victim would have made to the survivors if he or she didn’t die, and include the following:
- medical and funeral expenses connected to the death
- loss of the victim’s expected earnings
- loss of benefits, such as pension plans or medical coverage
- loss of an inheritance caused by the untimely death, and
- the value of the goods and services that a victim would have provided.
Non-Economic Damages
Although less tangible, non-economic damages often have more value than economic damages. Examples include:
- damages for the survivors’ mental anguish or pain and suffering
- loss of the care, protection, guidance, advice, training, and nurturing from the deceased
- loss of love, society, and companionship from the deceased, and
- loss of consortium from a deceased spouse.
Punitive Damages
Punitive damages are awarded to punish the defendant for especially bad conduct. In many states these damages are not available in wrongful death lawsuits or not recoverable against certain defendants including most governmental agencies. However, treble damages (which are in an amount equal to three times the actual damages) may often be recovered against nursing homes for elder abuse and death.
If you’ve lost a loved one in an accident, reach out to the skilled Louisiana wrongful death attorneys at the Cardone Law Firm. Our compassionate and diligent lawyers have spent many years fighting for injured people and their loved ones.
For your confidential consultation, contact us online or phone Cardone at 504-522-3333.
More Blog Posts:
Elevator Breakdown Leads to Man’s Tragic Death in New Orleans East Office Building, Louisiana Injury Lawyers Blog, Dec. 6, 2017
Using Uninsured Motorist Coverage to Collect in Auto Accident Injury or Death Cases, Louisiana Injury Lawyers Blog, Feb. 2, 2015